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Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

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4.21.2 Payment of Prevailing Rates. This Project is a public works project as defined in Labor Code<br />

§1720, <strong>and</strong> must be performed in accordance with the requirements of Labor Code §§1720 to 1815 <strong>and</strong><br />

Title 8 California Code of Regulations §§16000 to 17270, which govern the payment of prevailing wage<br />

rates on public works projects. The Contractor, <strong>and</strong> any Subcontractor, of any tier, shall pay their workers<br />

engaged in the Work not less than the general prevailing wage rate, regardless of any contractual<br />

relationship which may be alleged to exist between the Contractor or any Subcontractor, of any tier, <strong>and</strong><br />

such worker. Contractor, consistent with California Public Contract Code §6109, is prohibited from<br />

performing a portion of work with a Subcontractor who is debarred pursuant to Labor Code §§1777.1 or<br />

1777.7.<br />

4.21.3 Prevailing Wage Penalty. The Contractor shall, as a penalty, forfeit up to Fifty Dollars ($50.00) to<br />

the District for each calendar day or portion thereof, for each worker paid less than the prevailing rates as<br />

determined by the Director of the Department of Industrial Relations for such work or craft in which such<br />

worker is employed for the Work by the Contractor or by any Subcontractor, of any tier. Pursuant to<br />

California Labor Code §1775, the difference between prevailing wage rates <strong>and</strong> the amount paid to each<br />

worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate,<br />

shall be paid to each worker by the Contractor.<br />

4.21.4 Sufficient Contract Price. Contractor represents <strong>and</strong> warrants that the Contract Price includes<br />

sufficient funds to allow Contractor <strong>and</strong> all Subcontractors to comply with all applicable laws <strong>and</strong><br />

contractual agreements. Contractor shall defend, indemnify <strong>and</strong> hold the District harmless from <strong>and</strong><br />

against any <strong>and</strong> all claims, dem<strong>and</strong>s, losses, liabilities <strong>and</strong> damages arising out of or relating to the failure<br />

of Contractor or any Subcontractor to comply with any applicable law in this regard, including, but not<br />

limited to Labor Code §2810. Contractor agrees to pay any <strong>and</strong> all assessments, including wages,<br />

penalties, forfeitures <strong>and</strong> liquidated damages, made or asserted against the District in relation to any such<br />

failure.<br />

4.21.5 Payroll Records<br />

4.21.5.1 Submission of Certified Payroll Records to District. Pursuant to California Labor Code<br />

§1776, the Contractor <strong>and</strong> each Subcontractor, of any tier, shall keep an accurate certified payroll<br />

record, showing the name, address, social security number, work classification, straight time <strong>and</strong><br />

overtime hours worked each day <strong>and</strong> week, <strong>and</strong> the actual per diem wages paid to each person<br />

employed for the Work. If there is no work in a given week or on a given day, Contractor <strong>and</strong> each<br />

Subcontractor must keep a certified Non-Performance payroll record, indicating “no work” for that week<br />

or day(s). Contractor shall submit all certified payroll records to the Program Manager in complete,<br />

unedited form, in an 8 ½” x 11” format, with an original signature on the Statement of Compliance along<br />

with, <strong>and</strong> as a condition to, its Application for Payment.<br />

4.21.5.2 Inspection of Certified Payroll Records. Additionally, the certified payroll records shall be<br />

available for inspection at all reasonable hours at the principal office of the Contractor on the following<br />

basis: (i) a certified copy of an employee's payroll record shall be made available for inspection or<br />

furnished to such employee or his/her authorized representative on request; (ii) a certified copy of all<br />

payroll records shall be made available for inspection or furnished upon request to the District, the<br />

Division of Labor St<strong>and</strong>ards Enforcement <strong>and</strong> the Division of Apprenticeship St<strong>and</strong>ards of the<br />

Department of Industrial Relations; (iii) a certified copy of all payroll records shall be made available<br />

upon request to the public for inspection or copies thereof made; provided, however, that a request by<br />

the public shall be made through either the District, the Division of Apprenticeship St<strong>and</strong>ards, or the<br />

Division of Labor St<strong>and</strong>ards Enforcement. If the requested payroll records have not been provided, the<br />

requesting party shall, prior to being provided the records, reimburse the cost of preparation by the<br />

Contractor, Subcontractors <strong>and</strong> the entity through which the request was made. The public shall not be<br />

<strong>Citrus</strong> Community <strong>College</strong> District <strong>Bid</strong> Due Date: November 15, 2011 at 3:00: p.m.<br />

<strong>Bid</strong> <strong>#01</strong>-<strong>1112</strong> <strong>Library</strong> <strong>and</strong> <strong>Reprographics</strong> <strong>Roofing</strong> Project Page 57 of 96

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